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Home My WebLink AboutC02-312 Darrell DiefenbachC.�,'z,-1-3 Z AGREEMENT BETWEEN EAGLE COUNTY COLORADO AND DARRELL DIEFENBACH CONCERNING BULL FIGHTER AT THE COUNTY FAIR AND RODEO THIS AGREEMENT is made this ,a) (', day of ' , 2002, by and between Eagle County, Colorado ("County"), by and through its Board of County Commissioners, and Darrell Diefenbach ("Contractor"). WHEREAS, the County is the owner of certain real property located in Eagle County, Colorado, which is used and commonly referred to as the "Eagle County Fairgrounds"; and WHEREAS, the 2003 Eagle County Fair & Rodeo is scheduled to be held at the Eagle County Fairgrounds Saturday, July 26, 301", 31s` August 1" and 2, 2003; and NOW THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties agree as follows: AUTHORITY TO CONTRACT 1. The County represents it is duly authorized to enter into this Agreement pursuant to Sections 30-11-101, 10-11-103, and 10-11-107, as amended. 2. The Contractor represents it is duly authorized to enter into this Agreement for its intended purposes. AGREEMENT ?qeAl pp 3. Contractor agrees to provide bull fighter services for the 200tEagle County Fair & Rodeo for the following dates: July 26, 2003 July 30, 2003 July 31, 2003 August 1, 2003 Auaust 2, 2003 COMPENSATION Bull Riders Classic %.00 pm- PRCA 7:00 pm PRCA 7:00 pm PRCA 7:00 pm PRCA 8:00 pm 4. The County shall pay Contractor the sum of Three Thousand Two Hundred Dollars ($3,200) (Saturday, August 2, 2003) 5. The County will also provide contractor with hotel accommodations at the Fair & K: I/mr.Crnullawcont, acivlairconUnct wpd Rodeo host I-..,00r the evenings of July 26, 30, 3\,,�ust 1 and 2, 2003. INSURANCE 6. Contractor's Insurance: The Contractor shall purchase and maintain such insurance as will protect him from claims which may arise out of or result from the Contractor's operations under the contract, whether such operations be by himself, or by any subcontractor, or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable. All such insurance shall remain in effect until the contract has been fully performed and Contractor has departed (removing all equipment, personnel and materials) the Fairgrounds property. All insurance must be obtained from companies authorized to conductthat line of insurance business in the state of Colorado. Contractor's Insurance: The Contractor acknowledges that it is his responsibility to obtain insurance coverages as follows: Claims under workmen's Compensation, disability benefits, and other similar employee benefit acts, as required by the laws of the State of Colorado; Claims for damage because of bodily injury, occupational sickness or disease, or death of his employees, in the amount $100,000 per person; Claims for damage because of bodily injury, sickness or disease, or death of any person other than his employees; damages because of injury to or destruction of tangible property, including loss of use resulting therefrom; and claims insured by usual personal injury liability coverage; in the amount $500,000 per person/$1 million per occurrence; Comprehensive Automobile Insurance in the amount $500,000 per person/$1 million per occurrence. The Contractor understands that the County does not provide the above referenced insurances for the Contractor. INDEPENDENT CONTRACTOR 7. This Agreement does not create an employee/employer relationship between the parties. It is the parties' intention that Contractor will be an independent contractor and not an employee of Eagle County for all purposes, including, but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, Colorado Revenue and Tax laws, Colorado worker's Compensation law and the Colorado Unemployment Insurance laws. 8. County will retain sole and absolute discretion in the judgment of the manner and g: lfairgrou/fair/conlracts/faircontract. tivpd the means m, , ng out Contractor's activities �.��ponsibilities under this Agreement. 9. Contractor agrees that it is a separate and independent enterprise from Eagle County, that it has full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. 10. This Agreement shall not be construed as creating any joint employment relationship between Contractor and Eagle County, and Eagle County shall not be liable for any obligation incurred by Contractor, including, but not limited to unpaid minimum wages and/or overtime premiums. 11. Contractor is obligated to provide for his performance in the event he/she is unable to fulfill the contracted obligation. NOTICE 12. All notices shall be given in writing, by telefax and/or by certified mail, to the respective party, as follows: County: Board of County Commissioners, Eagle County, Colorado P. O. Box 850 Eagle, CO 81631 Telephone: (970) 328-8605 Fax: (970) 328-7207 Contractor: Darrell Diefenbach 9100 Beasley Lane. Lot 2 i Denton, TX 76210 MISCELLANEOUS Eagle County Fair & Rodeo L.E. Williams, Jr., Manager P.O. Box 57 Eagle, CO 81631 Telephone: (970) 328-3646 Fax: (970) 328-2442 13. All the clauses of this contract are distinct and severable, and if any clause shall be deemed illegal, void or unenforceable, it shall not effect the validity, legality, or enforce ability of any other clause or portion of the contract. 14. Contractor shall indemnify, hold harmless and save Eagle County, their employees, officers and directors from and against any and all liabilities, obligations, damages, fines, penalties, claims, demands, costs, charges, judgments and expenses, including, but not limited to, attorney's fees, which may be imposed upon or incurred or paid by or asserted against Eagle County, their employees, officers and directors, the buildings or any interest therein by reason of or in connection with, directly or g: Sfairgrou/fair/contractsffaircontract. wpd indirectly, the..,,,,mance of the Services and/oit or omission of Artist, including employees, subcontractors and agents, whetter or not acting within the scope of their employment or agency. 15. Eagle County agrees to indemnify and hold harmless Contractor to the extent allowed by law with respect to any claims, liability or judgments resulting from the County's failure to perform its obligations under this Agreement. 16. Neither the Contract, nor any interest nor claim may be assigned by the Contractor without prior written approval of Eagle County. 17. Any amendments to this Contract must be in writing and signed by both parties. 18. This Contract shall be binding on, and inure to the benefit of the Contractor and the County and their respective heirs, legal representatives, executors, administrators, successors and assigns. This Contract may not be relied upon by any third party as the basis for a claim. 19. Notwithstanding anything to the contrary contained in this Contract, County shall have no obligations under this contract, nor shall any payment be made to Contractor in respect of any period after any December 31 of each calendar year during the term of this contract, without an appropriation therefor by the County in accordance with a budget adopted by the Board of County Commissioners in compliance with the provisions of Article 25 of Title 30 of the Colorado Revised Statutes, the Local Government Budget law (C.R.S. 29-1-101 et seq.), and the TABOR Amendment (Constitution, Article X, Sec. 20). IN WITNESS WHEREOF, the parties have executed this Agreement this day of X)o ✓ 2002. �/ `"'L� 1 . EAGLE COUNTY, COLORADO, `'`J161�40 Fair & Rodeo Manager, g: ljairgrou/jair/contracLs/jaircontract. wpd Originals to: I. Contract Book 2. 3. 4. Cp k to: 1. Accounting 2. —_ 3. 4.